Trade marks explained

For anyone who is new to business and isn’t actually sure what a trade mark is, this article will outline the bare bones of a trade mark and its benefits.

A trade mark and a brand are the same, both indicate a unique feature that can help identify a business from its competitors and other in the industry.

Every business has a trade mark, whether that is registered or not. The benefit of registration is the ability to prevent others from using the mark in question by submitting a case of infringement through the Trade Marks Act 1994.

The Trade Marks Acts 1994 gives a definition of a trade mark which is suitable for registration. The act states that a trade mark is a sign consisting of words, designs, letters, numerals, lines and shapes. This sign needs to be graphically represented and have the capability of distinguishing goods and services.

This definition means that the potential mark has to be able to be attached to an application which will be in either paper or electronic form. The majority of the application is not conducted through face to face meetings therefore all explanation and description of the mark has to be portrayed through the written application. In addition, the need for distinctiveness is highlighted as a key feature of a successful trade mark. The whole ethos of a trade mark is separating the business it represents from the rest of the market, therefore if the mark is descriptive and does not have distinct features then the mark falls short of this

Any further queries, please do not hesitate to contact trademarkroom!

By Ellis Sweetenham